Sincerny v. City of Walnut Creek

Filing 25

ORDER by Judge Haywood S. Gilliam, Jr. Granting 24 Stipulation to Modify Briefing Schedule. (ndrS, COURT STAFF) (Filed on 8/30/2017)

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DAVID M. HELBRAUN (SBN 129840)
HELBRAUN LAW FIRM
44 Montgomery Street, Suite 3340
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Plaintiff
PAUL ALFRED SINCERNY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PAUL ALFRED SINCERNY,
Plaintiff,
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vs.
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Case No. C17-02616 HSG

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City of Walnut Creek; Walnut Creek Police
Department; Walnut Creek Police Sergeant
Ryan Hibbs; Walnut Creek Police Officer
Lee Herrington; Walnut Creek Police
Officer Brookshire; Walnut Creek Police
Officer Adams; Walnut Creek Police
Officer Ashley Roskos; Walnut Creek
Police Officer Njoroge; Walnut Creek
Police Officer Steve Bertolozzi; Walnut
Creek Police Detective Kim Gerstner;
Walnut Creek Police Officer Scott
Moorhouse; Walnut Creek Police Chief
Tom Chaplin, Rachel Melia Smith and
DOES 1-20,

STIPULATION AND ORDER TO
MODIFY BRIEFING SCHEDULE RE
OCTOBER 12 HEARING ON
DEFENDANTS’ RULE 12 MOTION TO
DISMISS

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Defendants.

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WHEREAS Defendants on August 25 filed and served a Rule 12(b)(6) Motion to

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Dismiss; and

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WHEREAS on August 28, the said Motion to Dismiss was re-noticed for hearing to take

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place on October 12, 2017; and

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STIPULATION AND ORDER TO MODIFY BRIEFING

SCHEDULE RE DEFENDANTS’ RULE 12 MOTION TO
DIMSISS – C17-02616 HSG

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WHEREAS under local court rules plaintiff’s Opposition would normally be due on or

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before Friday September 8; and

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WHEREAS plaintiff’s counsel is a solo practitioner and must travel to Los Angeles for a

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hearing this week, and has depositions two out of the four business days next week following the

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Labor Day Holiday, which prior business commitments substantially impair his ability to research

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and draft a thorough Opposition by September 8;

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NOW THEREFORE the parties, by and through their respective attorneys, have agreed

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that good cause exists in the interest of the furtherance of justice that the briefing schedule on said

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Motion to Dismiss be modified, and propose therefore to the Court that plaintiff’s Opposition be

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filed and served no later than Friday September 15, and the defendants’ Reply briefing on or

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before September 22, well before the re-noticed October 12 hearing date.

ATTOR NEYS AT LAW
3480 BUSKIRK AVENUE, SUITE 250, PLEASANT HILL, CA 94523
TELEPHONE: [phone]

McNAMARA, NEY, BEATT Y, SLATTERY, BORGES & AMBACHER LLP

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We hereby attest that concurrence in the filing of these documents has been obtained from

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each of the other Signatories, which shall serve in lieu of their signatures on the document.

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Dated: August 29, 2017

HELBRAUN LAW FIRM

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By:

/s/ Helbraun, David M
David M. Helbraun
Attorneys for Plaintiff
Paul Alfred Sincerny

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Dated: August 29, 2017

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MCNAMARA, NEY, BEATTY, SLATTERY,
BORGES & AMBACHER LLP

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By:

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/s/ Blechman, Noah G.
Noah G. Blechman
Attorneys for Defendants
City of Walnut Creek; Walnut Creek Police Sergeant
Ryan Hibbs; Walnut Creek Police Officer Lee
Herrington; Walnut Creek Police Officer Adams; and
Walnut Creek Police Officer Ashley Roskos

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ORDER

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PURSUANT TO THE PARTIES’ STIPULATION, AND CAUSE EXSITING THEREFORE, IT

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IS HEREBY ORDERED AS FOLLOWS:

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Plaintiff’s Opposition briefing with regard to defendants’ pending Rule 12(b)(6) Motion to

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Dismiss shall be filed and served no later than September 15, 2017, and defendants’ Reply

STIPULATION AND ORDER TO CONTINUE INITIAL
CASE MANAGEMENT CONFERENCE – C17-02616 HSG

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briefing shall be filed and served no la than Sep
b
ater
ptember 22, 2
2017.

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IT IS SO ORDERE
S
ED

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Da
ated: 8/30/2
2017

By:_
_

Hon. Hay
ywood S. Gi
illiam, Jr.
District C
Court Judge

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ATTOR NEYS AT LAW
3480 BUSKIRK AVENUE, SUITE 250, PLEASANT HILL, CA 94523
TELEPHONE: [phone]

McNAMARA, NEY, BEATT Y, SLATTERY, BORGES & AMBACHER LLP

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STIPULATION AND ORDER TO CO
D
ONTINUE INITIA
AL
CA MANAGEME
ASE
ENT CONFERENCE – C17-02616 HSG
H

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